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The main problem with labeling the structure on Achill Island as virtually untouchable is that, "we still don’t know what it [the structure] is”, Pat Butler SC, for the council, said. From the council's perspective, the structure is an "unauthorised development built without permission close to a protected archaeological site," according to the Irish Times.

Also adding to the court's reluctance to leave the structure alone is Mr. McNamara's poor standing with the council. McNamara was just freed from prison this past Monday after spending the weekend there for refusing to stop work on the site, despite court orders demanding immediate cessation.

However, McNamara is claiming that by law, he doesn't have to stop working. According to the Planning and Development Regulations of 2001, he has contended that building his structure does not require the council's permission, because it qualifies as an exempted development - that is, if it is approved as one.

The case is unlikely to be heard before Christmas, and as of now McNamara has agreed that he will not work on his site until the case in over.